Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Restoring The Presumption Of Innocence, Shima Baradaran
Restoring The Presumption Of Innocence, Shima Baradaran
Shima Baradaran
The most commonly repeated adage in U.S. criminal justice is the presumption of innocence: defendants are deemed innocent until proven guilty. Historically, this presumption carried important meaning both before and during trial. However, in light of state and federal changes in pretrial practice, as well as Supreme Court precedent restricting the presumption’s application to trial, the presumption of innocence no longer protects defendants before trial. These limitations on the presumption are fundamentally inconsistent with its constitutional roots. The results of the presumption’s diminution are also troubling as the number of defendants held pretrial has steadily increased such that the majority …
Fair Trade And Child Labor, Shima Baradaran
Fair Trade And Child Labor, Shima Baradaran
Shima Baradaran
Child labor is a global problem that has attracted much discussion. Various solutions proposed include attempts at improving international compliance with human rights standards, levying of trade sanctions or boycotts, and increasing legislation and prosecution of crimes. None of these solutions have achieved more than marginal success, largely because they are rarely enforced and ignore the root causes of child labor and global market forces. The use of fair trade labeling to combat child labor is an approach that has received virtually no attention in the legal community. Yet, primary qualitative research and case studies presented here illustrate that fair …
Predicting Violence, Shima Baradaran
Predicting Violence, Shima Baradaran
Shima Baradaran
The last several years have seen a marked rise in state and federal pretrial detention rates. There has been very little scholarly analysis of whether increased detention is reducing crime, and the discussion that has taken place has largely relied on small scale local studies with conflicting results. This article asks whether the United States is making substantially mistaken judgments about who is likely to commit crimes while on pretrial release and whether we are detaining the right people. Relying on the largest dataset of pretrial defendants in the U.S., this article determines what factors, if any, are relevant in …